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2021-070
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Last modified
6/25/2021 4:10:51 PM
Creation date
6/24/2021 1:17:26 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/04/2021
Control Number
2021-070
Agenda Item Number
8.K.
Entity Name
Federal Emergency Management Agency (FEMA)
Subject
Jones’ Pier Conservation Area Public Improvements Hazard Mitigation Assistance
Federally-funded Sub Award and Grant Agreement No. H0566
Project Number
4283-91-R
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(15) DEFAULT <br />If any of the following events occur ("Events of Default"), all obligations on the part of the <br />Division to make further payment of funds shall terminate and the Division has the option to exercise any <br />of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments <br />after any Events of Default without waiving the right to exercise such remedies, and without becoming <br />liable to make any further payment if: <br />a. Any warranty or representation made by the Sub -Recipient in this Agreement or any <br />previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - <br />Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any <br />previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to <br />meet its obligations under this Agreement; <br />b. Material adverse changes occur in the financial condition of the Sub -Recipient at any <br />time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within <br />thirty (30) days from the date written notice is sent by the Division; <br />c. Any reports required by this Agreement have not been submitted to the Division or <br />have been submitted with incorrect, incomplete or insufficient information; or, <br />d. The Sub -Recipient has failed to perform and complete on time any of its obligations <br />under this Agreement. <br />(16) REMEDIES <br />If an Event of Default occurs, then the Division shall, after thirty (30) calendar days <br />written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) <br />days, exercise any one or more of the following remedies, either concurrently or consecutively: <br />a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) <br />days prior written notice of the termination. The notice shall be effective when placed in the United <br />States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the <br />address in paragraph (3) herein; <br />b. Begin an appropriate legal or equitable action to enforce performance of this <br />Agreement; <br />c. Withhold or suspend payment of all or any part of a request for payment; <br />d. Require that the Sub -Recipient refund to the Division any monies used for ineligible <br />purposes under the laws, rules and regulations governing the use of these funds. <br />e. Exercise any corrective or remedial actions, to include but not be limited to: <br />i. Request additional information from the Sub -Recipient to determine the <br />reasons for or the extent of non-compliance or lack of performance, <br />ii. Issue a written warning to advise that more serious measures may be taken <br />if the situation is not corrected, <br />12 <br />
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